Agreeing to pre-dispute mandatory binding arbitration without knowing it is an increasing danger in all types of transactions. Most notably it is very common in the contracts that most of us have signed with our wireless telephone/data service providers such as Verizon and AT&T. A relatively recent and potentially more dangerous phenomenon is the placement of mandatory binding arbitration agreements in the huge stack of documents that people sign before seeing a physician or having surgery.
The dangers of mandatory binding arbitration are not well known to the vast majority of consumers or patients. Here is short a primer on what they mean and the implications they carry. When you agree to mandatory binding arbitration before incurring any harm or injury, you have waived your constitutional right to a trial in front of a jury of your peers. You have instead agreed to play by the rules of the person who drafted the agreement and at the same time allow any grievance you may have to be decided by a person or persons chosen by the other side. Read that again. You play by their rules and the person of their choice makes all of the decisions. These decisions include: Was the other person/company negligent, did that negligence harm you, and how much harm did you suffer, if at all.
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